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| Page 303, line 36 [Schedule 19], leave out ‘an’ and insert ‘the most’. |
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| | | Page 303, line 42 [Schedule 19], at end insert— |
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| | | ‘(da) | any delay that might result from proceeding in one jurisdiction rather |
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| | | Page 306, line 1 [Schedule 19], at beginning insert ‘In England and Wales, and |
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| | | Page 306, line 6 [Schedule 19], at end insert— |
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| | | ‘( ) | In Scotland, for the purpose of determining any questioning of a relevant |
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| | | certification decision, the High Court must apply the procedures and principles |
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| | | that would be applied by it on an application for judicial review.’. |
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| | Page 307, line 30 [Schedule 19], leave out from ‘judge’ to end of line 9 on page 311 |
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| | and insert ‘decides that a substantial measure of D’s relevant activity was performed in |
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| | the United Kingdom unless, having regard to the interests of justice, the judge decides that |
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| | the extradition should take place. |
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| | | (3) | Matters relevant to the interests of justice include but are not limited to— |
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| | | (a) | the extent and place where most of the loss or harm resulting from the |
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| | | extradition offence occurred or was intended to occur; |
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| | | (b) | the interests of any victims of the extradition offence; |
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| | | (c) | the availability of evidence necessary for a fair trial in the United |
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| | | Kingdom and in jurisdictions outside the United Kingdom; |
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| | | (d) | the desirability and practicability of all prosecutions relating to the |
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| | | extradition offence taking place in one jurisdiction; and |
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| | | (e) | D’s nationality, place of habitual residence and other connections with |
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| | | (4) | In this section “D’s relevant activity” means activity which is material to the |
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| | | commission of the extradition offence and which is alleged to have been |
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| | | Page 307, line 41 [Schedule 19], leave out ‘an’ and insert ‘the most’. |
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| | | Page 308, line 2 [Schedule 19], at end insert— |
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| | | ‘(da) | any delay that might result from proceeding in one jurisdiction rather |
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| | | Page 310, line 1 [Schedule 19], at beginning insert ‘In England and Wales, and |
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| | | Page 310, line 6 [Schedule 19], at end insert— |
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| | | ‘( ) | In Scotland, for the purpose of determining any questioning of a relevant |
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| | | certification decision, the High Court must apply the procedures and principles |
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| | | that would be applied by it on an application for judicial review.’. |
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| | Page 311, line 32 [Schedule 19], leave out from ‘Part 2’ to end of line 46 on page |
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| | | European arrest warrant safeguards |
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| | | 10 | Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is |
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| | | 11 | In section 7 (Identity of person arrested) after subsection (4) insert— |
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| | | “(4A) | If the judge decides the question in the affirmative he must decide |
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| | | whether the person in respect of whom the warrant was issued is the |
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| | | person who is alleged to have committed, or to have been convicted |
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| | | for, the offence on which the warrant is based. |
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| | | (4B) | The judge must decide the question in subsection (4A) on the balance |
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| | | of probabilities, but if he considers there is reasonable doubt as to that |
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| | | question, he may not decide it in the affirmative unless he has first |
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| | | requested the issuing authority to provide further information within |
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| | | the time specified in the request (which must not be less than a |
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| | | reasonable time in all the circumstances) and the issuing authority has |
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| | | provided him with all the information requested within that time. |
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| | | (4C) | If the judge decides the question in subsection (4A) in the negative he |
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| | | must order the person’s discharge.”. |
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| | | 12 | In section 11 (Bars to extradition), in subsection (1), after paragraph (c) |
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| | | 13 | After section 14 insert— |
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| | | “14A | Prematurity in accusation cases |
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| | | (1) | A person’s extradition to a category 1 territory is barred by |
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| | | prematurity if (and only if)— |
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| | | (a) | he is accused of committing an extradition offence; and |
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| | | (b) | it appears that the proceedings against him in respect of that |
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| | | offence are not yet ready for trial. |
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| | | (2) | A decision by the judge that a person’s extradition is barred by reason |
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| | | of prematurity does not prevent the subsequent execution of a Part 1 |
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| | | warrant against that person in respect of the same extradition |
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| | | 14 (1) | Section 26 (Appeal against extradition order) is amended as follows. |
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| | | (2) | For subsection (4) substitute— |
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| | | “(4) | Notice of an appeal under this section must be given in accordance |
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| | | with rules of court before the end of the permitted period, which is— |
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| | | (a) | 14 days starting with the day on which the order is made; or |
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| | | (b) | such longer period as the court considers is in the interests of |
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| | Page 336, line 26 [Schedule 22], leave out ‘2’ and insert ‘[Modification of NCA |
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| | | Order of the House [14 January 2013] |
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| | | That the following provisions shall apply to the Crime and Courts Bill [Lords] Bill— |
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| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Thursday 14 February 2013. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | Consideration and Third Reading |
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| | | 4. | Proceedings on Consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on Consideration and Third Reading. |
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| | | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | | consideration of Lords Amendments or on any further messages from the |
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| | | Lords) may be programmed. |
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| | | The following Notices were withdrawn on: 11 March 2013
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